A driving while intoxicated (DWI) charge is extremely serious, and Arkansas courts pursue these cases aggressively. A DWI conviction carries multiple penalties, including consequences for your driving record and the establishment of a criminal record.
Many individuals facing a DWI conviction wonder, “How long does a DWI stay on your record in Arkansas?”
Operating a vehicle with a blood alcohol concentration (BAC) of .08% or higher will lead to a DWI charge. DWI is not simply a minor traffic violation—it’s a criminal charge. It can be classified as either a misdemeanor or a felony, based on aggravating circumstances such as an exceptionally high BAC or a DWI that results in an accident causing bodily injury.
The most effective way to minimize DWI penalties is to consult with a Little Rock, AR, DWI Defense Lawyer following your arrest.
Points on Your License in Cabot
Various traffic violations in Arkansas can lead to penalties, including fines, and may also add points to an individual’s driver’s license. When a driver accumulates too many points within a specific timeframe, their license faces suspension. For example:
· Failing to stop for a school bus adds 8 points to a driver’s license.
· Leaving the scene of an accident carries 8 points.
· Speeding 10 miles per hour or less over the speed limit adds 3 points.
DWI License Points
A DWI charge can add 14 to 16 points to your license. This typically triggers an automatic license suspension, beyond the potential penalties you may face upon conviction. These penalties will only be lifted quickly if the DWI charges against you are dismissed.
If you accumulate 14 or more points on your license within a 36-month period, your license will be suspended, and you must request a hearing with the court to have it reinstated. Without scheduling a hearing, the license stays suspended. Additionally, if you accumulate more than 14 points, your license may face a longer suspension period. You may request a restricted license during this time, though approval is not guaranteed.
Points accumulated from a DWI or any driving violation stay on your license for 36 months following the offense. After 3 years have elapsed from your DWI, the points on your license will be removed, but you will still carry a criminal record if you were convicted.
How Long Does a DWI Remain on Your Criminal Record?
While your driving record may eventually clear, a criminal record can be permanent. When you are charged and convicted of a DWI, that conviction becomes part of your criminal record, which increases the penalties for any additional DWIs you are convicted of during the following 10 years. Even after those 10 years expire, the charge remains on your record.
Certain criminal charges can be sealed, meaning the information remains accessible to those within the criminal court system but is hidden from public access. You are also not legally obligated to disclose the conviction. For DWI charges, however, the sealing process is more complex.
Expungement or Sealing of DWIs
Expungement is the commonly used term for clearing a criminal record, though Arkansas employs the term “sealing” for adult criminal records. For most misdemeanors, you can request record sealing, and the court will approve it unless there is clear and convincing evidence against sealing your criminal record.
For DWI charges—both felonies and misdemeanors—there is a mandatory waiting period of 5 years after completing your penalties. This means the five-year period starts once you have finished any jail time, probation, driver’s education courses, or community service. Only after this period are you eligible to request record sealing.
Eligibility does not guarantee approval of the record sealing. The court will examine your specific circumstances and decide whether the conviction will be sealed. If the court discovers clear and convincing evidence that the charge should remain unsealed, your request will be denied.
FAQs About How Long Does a DWI Stay on Your Record in Arkansas
How Long Does It Take for a DWI to Come Off Your Record in Arkansas?
After a defendant in Arkansas has been convicted of a DWI and completed their sentence—including imprisonment, jail time, probation, or community service—a DWI charge will stay on their driving record for 5 years.
However, a criminal charge in Arkansas remains permanently on your criminal record unless you qualify for sealing and expungement. The lookback period for a misdemeanor DWI charge is 10 years, which means the charge counts as a prior DWI for 10 years following a conviction. Any DWI during those 10 years is treated as a subsequent DWI and carries enhanced penalties.
How Long Does a DWI Stay on Your Insurance in Arkansas?
Each insurance company maintains its own policy regarding how far back they review a driving record. Generally, an insurance provider examines 3 to 5 years of a driver’s history, though they may look back further for serious offenses like DWIs. Unless you qualify to seal a charge in Arkansas, it stays on your criminal record indefinitely and may continue affecting your insurance rates.
What Is the Difference Between a DUI and a DWI in Arkansas?
In most instances, a DWI (driving while intoxicated) and a DUI (driving under the influence) describe the same offense. Some states use the term DUI, while others use DWI. Arkansas employs DWI to describe individuals who operate motor vehicles while under the influence of drugs or alcohol.
Arkansas statutes do utilize the term DUI when referring to underage drivers convicted of driving under the influence. Nevertheless, both underage and adult offenses are generally called DWIs.
What Is the Arkansas State Law for DWI?
In Arkansas, DWI is the offense of operating a car, boat, or other motor vehicle with a blood alcohol concentration (BAC) of .08% or higher. You can also face a DWI charge for operating a vehicle while intoxicated, even without a BAC exceeding the legal limit.
Commercial vehicle drivers have a legal BAC limit of .04%, and drivers under the age of 21 have a BAC legal limit of .02%.
Contact Our Team
If you are facing DWI penalties in Little Rock, Cabot, Searcy, or Conway, contact Lemley DWI & Criminal Defense Lawyers to discover how we can assist with sealing your records.
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· Can You Refuse A Breathalyzer Test in Arkansas?